Law of Torts-I (Final Term)

Week 3: DISCHARGE OF TORTS

Session 2

1. Death of Either Party:

Either party refers to a plaintiff or a defendant. In other words, in a suit for damages in torts,
what is the position of law if the plaintiff dies or the defendant dies? To reword, can the heirs of
the deceased plaintiff or defendant continue the suit or does the right of action dies with him.
Closely connected with is the liability of a legal person i.e. a corporation. How about the death
of a corporation? Remember, a corporation is not a natural person. All of the three issues are
hereby framed below:

A. Death of a Plaintiff:
B. Death of a Defendant:
C. Death of a Corporation:

DEATH OF A PLAINTIFF

If a plaintiff dies during the pendency of a suit for damages, the action dies with the death of
the plaintiff. His/her heirs will have no right to pursue the matter. The opponent party or
defendant is liberated from the liability. This is based upon a famous maxim, “Actio Personalis
Moritur Cum Persona.” It means, a personal right of action dies with that person. The death of a
plaintiff terminates the tort.

DEATH OF A DEFENDANT

As stated above, death of either party terminates the tort, i.e. the right to sue or to be sued
dies. Now, what is the legal position if a defendant dies before or during the pendency of the
suit? If such is the case, the law of torts says that there will be no liability either on the heirs of
the deceased or on his estate.

DEATH OF A CORPORATION

A corporation is a legal person, it does not die its natural death. In case of corporation, death is
referred as ‘dissolution’ of the corporation. Once a corporation is dissolved, the law presumes
its death. There will lie no legal action after a corporation is dissolved.
EXCEPTIONS TO THE DEATH OF EITHER PARTY PRINCIPLE OR ACTIO PERSONALIS MORITUR CUM
PERSONA

1. Legal Representatives Suits Act:

According to this Act, if a defendant has harmed the estate of a plaintiff i.e. the defendant has
committed a tort against the immovable property of a plaintiff and the plaintiff dies during the
pendency of the case, the defendant is still liable. The heirs of the plaintiff will step into the
shoes of the plaintiff to carry on with the matter.

2. Fatal Accidents Act:

If there is fatal accident and the plaintiff dies at the time or thereafter of the accident, the heirs
or representatives of the plaintiff can continue with the legal action.

3. Succession Act:

All rights to prosecute any action existing in favour of a deceased survive to his executors, heirs
or administrators. In other words, all criminal cases can be initiated or followed by the heirs,
administrators or executors of a plaintiff after his/her death.